HomeMy WebLinkAbout860797.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN THE TOWN OF HUDSON AND WELD COUNTY
FOR BUILDING INSPECTIONS AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Town of Hudson does not desire to provide its
own building inspections and wishes to use the services of the
Weld County Building Inspections Department, and
WHEREAS, an Agreement to provide building inspections between
the Town of Hudson and Weld County has been presented to the
Board , and
WHEREAS , the Board, after study and review, deems it
advisable to approve said Agreement, a copy of which is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement between
the Town of Hudson and Weld County for building inspections be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Agreement.
The above and foregoing Resolution was , on motion duly made
and seconded , adopted by the following vote on the 13th day of
August, A.D. , 1986 .
a •PeAAv 4 Iy BOARD OF COUNTY COMMISSIONERS
ATTEST: (Z�wv� WELD COUNTY, OLORADO
Weld County Clerk and Recorder \ ,..„.N.„.
and Clerk to the Board J•cque e JAI s n , Chairman
EXCUSED
BY: 6fif t,it >a,, Gordon E. Lacy, Pro-Tem
D puty County erk
EXCUSED DATE OF SIGNING - AYE
APPROVED AS TO FORM:C9----- ----"k0
Gene R. Brantner
7 C.Lti ir��
Gt
Sal
County Attorney
r c Yamagu
/ ! ' I/o 7' < .,/,., 860797:' 860797
AGREEMENT TO PROVIDE BUILDING INSPECTIONS
THIS AGREEMENT made this 13th day of August , 1986, by and
between the TOWN OF HUDSON , hereinafter referred to as the "Town"
and the COUNTY OF WELD, a political subdivision of the State of Colorado,
hereinafter referred to as the "County".
WHEREAS, the Town does not desire to provide its own building
inspections and wishes to use the services of the Weld County Building
Inspections Department, and
WHEREAS, in accordance with CRS 29-1-203, political subdivisions may
cooperate or contract with one another to provide any function, service or
facility lawfully authorized to each of the corporations or contracting
units, and
WHEREAS, In order to set forth clearly the responsibilities,
obligations, powers and rights of each of the parties, the Town and the
County hereby enter into this Agreement.
NOW, THEREFORE, in consideration of the recitals, promises and
covenants herein set forth, and other good and valuable consideration herein
receipted for, the parties agree as follows:
1. The Town authorizes the County Building Inspection
Department to make all required inspections of
structures within the incorporated boundaries of
the Town based upon the Town's Building Code,
Mechanical Code, Plumbing Code, Electrical Code,
Swimming Pool Code, Abatement of Dangerous
Buildings, State of Colorado Insulation
Requirements and the State and Federal requirements
for the handicapped as duly adopted by the Town.
2. The Town shall advise the County of any of the
substantive differences between the codes adopted
by the Town and the Weld County Building Code
within thirty (30) days of the execution of this
Agreement.
3. In consideration of the County providing such
inspections, the Town shall pay to the County the
same fee per permit as established by the Weld
County Building Code and adopted by Weld County for
the unincorporated areas of Weld County. The fees
will be billed to the Town on a monthly basis.
Such bills must be paid to the County within thirty
(30) days of receipt.
4. If a plan check is required, the plan check fee
charged to the Town shall be the same fee per plan
check as established by the Weld County Building
Code and adopted by Weld County for the
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unincorporated portions of Weld County. The plan
check fees will be billed to the Town on a monthly
basis. Such bills must be paid to the County
within thirty (30) days of receipt.
5. The County, in addition to its inspection duties,
shall investigate complaints of code violations
when so directed by an administrative officer of
the Town or the Town Board. The County shall have
no further obligation to pursue administrative,
criminal or civil remedies as against the violator
except that the County inspectors shall be
available for testimony in any proceedings
regarding the violation.
6. County agrees to provide the Town with 30 days
notice of any proposed amendments to the Weld
County Building Code and fee schedules.
7. The Town shall not be liable for the direct payment
of any salaries, wages, or other compensation to
any personnel performing services herein for said
County.
8. The County agrees, at its own expense, to procure
adequate insurance against and to indemnify, defend
and hold the Town harmless against any and all of
the following types of claims:
a. Claims by any County employee for
compensation, fringe benefits of any kind
whatever (including without limitation pension
rights or payments, insurance of any kind,
reimbursement of medical expenses, vacation
pay, sick leave, or sick pay) or
indemnification for tort claim damages or
similar claims for damages (e.g. , Section 1983
Claims) .
b. Claims by any other party for damages for any
alleged unlawful act or omission, negligent or
willful, on the part of any County employee
acting pursuant to this Agreement.
9. The County or its employee shall not be deemed to
assume any liability for intentional or negligent
acts of said Town or any officer, agent, or
employee thereof, and the Town agrees to indemnify
and hold the County harmless for any and all claims
arising out of such acts.
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10. Either party to this Agreement may cancel such
Agreement upon thirty (30) days written notice to
the other party. If such termination does occur,
all structures that have had inspections made but
are not completed at the time of termination may be
completed through final inspection at the agreed
fee rate if the Town so requests and if the County
agrees to do so. The Town shall also pay all
outstanding fees owed to the County within thirty
(30) days of the notice of termination.
11. This agreement shall supercede and render null and
void any previous agreement for building inspection
services between Weld County and the Town of
Hudson .
12. This Agreement may be renewed annually by written
notice from one party to the other of an intent to
renew. The failure of the other party to
dissaffirm the renewal in writing within 30 days
shall be deemed consent to the renewal for an
additional one year period.
13. All notices to the County pursuant to paragraphs 10
and 12 of this Agreement shall be sent certified or
registered mail, return receipt requested,
addressed to the Board of County Commissioners of
Weld County, P.O. Box 758, Greeley, Colorado
80632.
14. All notices to the Town, pursuant to paragraphs 6,
10, and 12, shall be sent certified or registered
mail, return receipt requested, addressed to:
Shirley E. Robertson , Town Clerk
P. 0. Box 351
Hudson, Colorado 80642
IN WITNESS WHEREOF, the Town, by resolution duly adopted by its
governing body, caused this Agreement to be signed by its mayor and attested
by its clerk, and the County of Weld, by the County Board of Commissioners
has caused these presents to be subscribed by the Chairperson of said board
and the seal of said board to be affixed thereto and attested by the clerk
of said board, all on the day and year first above written.
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ATTEST: ,' ^Jf + ABOARD OF COUNTY COMMISSIONERS
(j WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board
Lc&iBY: jCMciqco, � -
D puty County Cl k air n
ATTEST: TOWN OF HUDSON
I« rfi,-> BY: _-I— nu. U,c�
Town Clerk Mayor
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